WOULLARD v. BRANCH et al
| DUANE WOULLARD |
| BRANCH, NAFINA LANGLEY, A ACOSTA-MARTINEZ, S PONDER and T MILLS |
| 4:2023cv00468 |
| October 30, 2023 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #15 Notice of Appeal. (baf) |
| Filing 16 Appeal Instructions re: #15 Notice of Appeal : The Transcript Request Form is available on the Internet at https://www.flnd.uscourts.gov/form/eleventh-circuit-transcript-information-form **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 1/10/2024. (baf) |
| Filing 15 NOTICE OF APPEAL as to #14 Clerk's Judgment by DUANE WOULLARD. (no appeal IFP/no appeal fee received) (baf) |
| Set Deadlines re #15 Notice of Appeal : Clerk to check status of Appeal on 3/25/2024. Certificate of Readiness (FRAP 11) due by 1/9/2024. (baf) |
| Filing 14 CLERK'S JUDGMENT pursuant to re #13 ORDER ACCEPTING REPORT AND RECOMMENDATION. (baf) (90 Day Exhibit Return Deadline set for 2/27/2024) |
Filing 13
ORDER ACCEPTING REPORT AND RECOMMENDATION - The report and recommendation, ECF No. #5 , is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's complaint, ECF No. #1 , is DISMISSED without prejudice as malicious under 28 U.S.C. 1915(e) (2)(B)(i) because Plaintiff affirmatively misrepresented his federal litigation history under the penalty of perjury." The Clerk shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i). The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 11/28/2023. (baf)
|
|
Filing 12
ORDER - Plaintiff's motion to appoint counsel, ECF No. #11 , is DENIED WITHOUT PREJUDICE. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/21/2023. (baf)
|
| Filing 11 MOTION for Appointment of Counsel by DUANE WOULLARD. (baf) |
|
Filing 10
ORDER - Plaintiff's motion to amend, ECF No. #8 , is DENIED WITHOUT PREJUDICE. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/20/2023. (baf)
|
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #11 MOTION to Appoint Counsel. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 9 OBJECTION to #5 Report and Recommendations by DUANE WOULLARD. (baf) |
| Filing 8 MOTION for Leave to File an Amended Complaint by DUANE WOULLARD. (baf) |
|
Filing 7
ORDER - Plaintiff's request (ECF No. #6 ) for copies of court records and a complete list of his litigation history is DENIED. Plaintiff's request for a copy of the civil rights complaint is GRANTED. The Clerk of Court shall provide to Plaintiff one courtesy copy of a civil rights complaint for use by a prisoner plaintiff. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/14/2023. (baf) (Documents sent by mail per order.)
|
| Filing 6 Letter Requesting Litigation History by DUANE WOULLARD. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 MOTION. Referred to MARTIN A FITZPATRICK. (baf) |
|
Filing 5
REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that this case be DISMISSED WITHOUT PREJUDICE as malicious because Plaintiff affirmatively misrepresented his federal litigation history under the penalty of perjury. It is also recommended that the case be CLOSED and that the Order adopting this Report and Recommendation direct the Clerk of Court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/31/2023. (baf) R&R flag set ( Internal deadline for referral to district judge if objections are not filed earlier: 11/28/2023.)
|
|
Filing 4
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS - Plaintiff's motion to proceed in forma pauperis, ECF No. #2 , is GRANTED to the extent that the case may proceed without prepayment of the entire filing fee. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/31/2023. (baf)
|
| Filing 3 Notice to Pro Se (baf) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by DUANE WOULLARD. (baf) |
| Filing 1 COMPLAINT against A ACOSTA-MARTINEZ, BRANCH, NAFINA LANGLEY, S PONDER, T MILLS, filed by DUANE WOULLARD. (baf) (No service copies filed.) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (baf) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
